Douglas Garland Arrest: How Murder Of Nathan O'Brien, Grandparents Could Be Prosecuted Without Bodies

Forensic investigators analyzing suspected homicides must trust that a dead body tells a story. When it comes to the Calgary slayings of five-year-old Nathan O'Brien and his grandparents, constructing that murder narrative to go to trial could be more challenging without any human remains.

"The bodies of the three victims have not been found," Calgary Police Chief Rick Hanson announced Monday, before adding that police nevertheless planned to bring three counts of murder against a suspect in custody.

Though such cases are unusual, the absence of victims' bodies does not preclude a murder charge in Canada. A prosecution can still build a solid case, retired Toronto homicide detective Dave Perry said.

"It's not really about not having a body; it's about how much evidence do they have without a body," he said.

"You don't need the body for a conviction, but every case you work on, of course you want to get everything possible in terms of evidence."

Perry noted that convicted killers Michael Rafferty and Terri-Lynne McClintic, currently serving life sentences for murdering eight-year-old Tori Stafford, were arrested and charged in May 2009 — two months before the Ontario girl's remains were found and confirmed as being hers.

A Calgary judge in 1987 found Al Dolejs guilty of two counts of second-degree murder for killing his 12-year-old son Paul and 10-year-old daughter Gabi. Their bodies were not located until months after Dolejs was sentenced to life. He eventually brokered a prison transfer deal to lead investigators to his children's remains near Bragg Creek, and died in prison in 2005.

'The dead speak volumes'

In Florida, Casey Anthony was charged in connection with the 2008 murder of her two-year-old daughter Caylee. The girl's remains were located about two months after Anthony was charged, though she was eventually acquitted.

If Nathan's or the Likneses bodies are ever recovered, Perry said, forensics teams would be looking out for everything from fibre evidence to DNA transfer from the suspect to the victims.

"That's the next next biggest hurdle for [Calgary police]," he said. "Finding those three bodies could net them additional forensic evidence and tell them a lot more about who was responsible."

That's a common refrain among criminology academics, said Janne Holmgren, an associate professor in the Department of Justice Studies at Calgary's Mount Royal University.

Investigators found blood inside the Liknes residence after the couple and their grandchild vanished on June 29. Police believe at least one person would likely have been in "medical distress" following what appeared to be a violent struggle. More than two weeks have passed since the trio vanished.

From this point, police would have to make an inference about the missing persons' fates.

No body, no prosecution in Thailand

"We know that people can only go on without so much amount of blood," Holmgren said.

"Based on that evidence, they would have been able to say that if those people didn't receive that urgent medical care, somebody died."

Although prosecutions for murder in countries such as Thailand can't proceed without a body, prosecutors in Canada can press ahead regardless.

"There have been successful prosecutions of people where the body was never found," Toronto criminal defence lawyer Michael Lacy said.

"If you think about it, that makes sense that you shouldn't necessarily need a body. Otherwise, everybody who's going to get away with murder would just make sure they dispose of a body, in acid or whatever."

Proving death is among the essential elements in the offence of murder.

"But I wouldn't want to suggest that that makes this a very difficult prosecution. It doesn't," Lacy said. "It really depends on other circumstances — a motive, for example, would be an important element of the Crown's case."

Types of murder charges telling

A motive could be materializing based on interviews with Douglas Garland, who is currently in police custody and charged with two counts of first-degree murder and one count of second-degree murder.

Police previously told reporters that Garland harboured "bad blood" with Alvin Liknes over a business feud.

The two types of murder charges in this case are also telling.

First-degree murder in Canada refers to a planned and premeditated crime.

"They have evidence an individual went to that house for the purposes of committing that crime," Holmgren said. "For the second-degree murder charge, the individual might not have known there was a little boy in this house, and didn't have the premeditated component to have planned that murder, but in the commission of committing the alleged [planned] crimes, the person is presumed to have also murdered the little boy."

More questioning of the suspect is to come. Garland will likely be confronted with evidence gathered so far and asked to respond to it, Holmgren said, adding she has been impressed by the speed of the investigation so far.

In the mean time, police say more than 900 tips have poured in as they continue to search hay fields on the outskirts of Airdrie, north of Calgary, for the bodies of Nathan and his grandparents.

"The hope is that they're found, but it could be that they're not found for a long time," Holmgren said. "That's all we can hope for in terms of closure for the family, if there is such as thing."

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Nathan O'Brien, Grandparents Missing

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Mourners have placed flowers, notes and teddy bears at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014.

Flowers and teddy bears are shown at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014. A man who has been under investigation in the disappearance of a Calgary boy and his grandparents has been formally charged with their murders.

Bobbi-Jo Zimmer, from High River, Alta., and her children, left to right, Tayvon, two, Braylon, seven, and Dawson, nine, place flowers at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014.

Mourners have placed flowers, notes and teddy bears at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014.

Kelley MacAuley observes a memorial after placing flowers at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014.

Jennifer Kohut, centre, embraces her sons Axton, left, three, and Cadon, five, after placing flowers and toys at an impromptu memorial for Nathan O'Brien and his grandparents, Alvin and Kathryn Liknes, at the Liknes home in Calgary, Alta., Tuesday, July 15, 2014.

Douglas Garland is escorted into a Calgary police station in connection with the disappearance of Nathan O'Brien and his grandparents in Calgary, Alta., Monday, July 14, 2014.

Douglas Garland is escorted into a Calgary police station in connection with the disappearance of Nathan O'Brien and his grandparents in Calgary, Alta., Monday, July 14, 2014.

Douglas Garland is escorted into a Calgary police station in connection with the disappearance of Nathan O'Brien and his grandparents in Calgary, Alta., Monday, July 14, 2014.

Douglas Garland is escorted into a Calgary police station in connection with the disappearance of Nathan O'Brien and his grandparents in Calgary, Alta., Monday, July 14, 2014.

Calgary Police Chief Rick Hanson says first and second degree murder charges are being filed in connection with the disappearance of Nathan O'Brien and his grandparents at a news conference in Calgary, Alta., Monday, July 14, 2014.

Calgary Police Chief Rick Hanson says first and second degree murder charges are being filed in connection with the disappearance of Nathan O'Brien and his grandparents at a news conference in Calgary, Alta., Monday, July 14, 2014.

Calgary Police Chief Rick Hanson says first and second degree murder charges are being filed in connection with the disappearance of Nathan O'Brien and his grandparents at a news conference in Calgary, Alta., Monday, July 14, 2014.

People comfort each other at a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

People comfort each other at a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

A photo collage of the Liknes and O'Brien family is displayed as neighbors, friends and relatives hold a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

Rod O'Brien, centre, tears up as he looks at a photo collage of the Liknes and O'Brien family during a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

A photo collage of the Liknes and O'Brien family is displayed as neighbors, friends and relatives hold a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

Rod O'Brien, centre, father of Nathan O'Brien, attends with neighbors, friends and relatives, a candlelight vigil for missing Calgarians Nathan O'Brien, five, and his grandparents Alvin and Kathryn Liknes in Calgary, Alta., Thursday, July 10, 2014.

Police investigators comb a hay field north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators use an inflatable raft in a slough north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators prepare to search a hay field north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators prepare to search a hay field north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators prepare to search a hay field north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators prepare to search a hay field north of Airdrie, Alta., Monday, July 7, 2014, looking for clues to the disappearance of three people.

Police investigators at a rural residence north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators comb a hay field north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators comb a hay field north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators comb a hay field north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators comb a hay field north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators comb a hay field north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators at a rural residence north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Police investigators at a rural residence north of Airdrie, Alta., Saturday, July 5, 2014, looking for clues to the disappearance of three people.

Rod O'Brien wipes his tears while holding a butterfly made by his son as he speaks to the media about his son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Rod and Jennifer O'Brien show their emotions as they speak to the media about their son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Rod and Jennifer O'Brien left, look on as Jeff Liknes, second from right, speaks to the media about his nephew Nathan O'Brien and his parents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Jennifer O'Brien holds a piece of her son's clothing while speaking to the media about her son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Jennifer O'Brien holds a piece of her son's clothing while speaking to the media about her son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Rod O'Brien wipes his tears while holding a butterfly made by his son as he speaks to the media about his son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Rod and Jennifer O'Brien show their emotions as they speak to the media about their son Nathan O'Brien and his grandparents Alvin and Kathryn Liknes during a press conference in Calgary on Wednesday, July 2, 2014.

Nathan O'Brien is described as three feet tall, curly blonde hair, brown eyes, and was last seen wearing peach-coloured shorts and a blue-striped hoodie.

Alvin Liknes is six feet tall, 200 pounds with grey and blond hair and was wearing black shorts. Alvin has a distinctive walk.

Calgary police investigators check out the home where five-year-old Nathan O'Brien and his grandparents Alvin and Kathryn Liknes disappeared, in Calgary, Alta., Wednesday, July 2, 2014.

Nathan O'Brien and his grandmother Kathy Liknes are shown in a Calgary Police Service handout photo. Calgary's police chief questions whether a reward would help the investigation into the disappearance of a five-year-old boy and his grandparents.

Police tape cordons off the home where five-year-old Nathan O'Brien and his grandparents Alvin and Kathryn Liknes disappeared, in Calgary, Alta., Wednesday, July 2, 2014.

Calgary police investigators check out the home where five-year-old Nathan O'Brien and his grandparents Alvin and Kathryn Liknes disappeared, in Calgary, Alta., Wednesday, July 2, 2014.

Calgary police investigators check out the home where five-year-old Nathan O'Brien and his grandparents Alvin and Kathryn Liknes disappeared, in Calgary, Alta., Wednesday, July 2, 2014.